Terms & Conditions
The following conditions are just a translation (via google translate) and for this reason no rights can be conferred on erroneous information resulting from mistranslation.
The Dutch general conditions at all times prevail.
Article 1. general
Protolectron Electronics B.V. is a registered trademark. Under protolectron means Protolectron Electronics B.V. established in Vijfhuizen. In these conditions "Buyer" in these conditions mean any (legal) person who protolectron has concluded an agreement wishes to exit, respectively and also, his subordinates representative(s), agent(s), assignee(s) and heirs. All offers, sales and deliveries relevant and related exclusively these conditions. Protolectron by the Buyer and all agreements On different and/or additional conditions may be invoked if and when they are accepted. Protolectron writing by Buyer only Such different conditions shall not affect the applicability of the other provisions of these terms and conditions. The applicability of conditions of the Buyer are hereby expressly rejected unless protolectron with all or part of their applicability has prior consent in writing. At the conclusion of the agreement The buyer with whom the present conditions was once contracted, agrees to these conditions apply to subsequent agreements between him and protolectron.
Article 2. Offers / bids / orders
All offers and / or offers of protolectron are free and not binding. Orders of the Buyer. Bind protolectron The agreement between protolectron and Copper is established at the time of and in accordance with the written confirmation by protolectron of the order placed by the Buyer , or at the time a written sales contract by both protolectron as Buyer jurisdiction signed, or at the time which protolectron to the implementation of the order placed by the Buyer has begun.
Article 3. Price
Unless otherwise stated, our prices : Including VAT, in Euro (€) , any exchange rate changes are passed . If the cost of the goods before delivery undergoes a statutory increase , for example by changing taxes , protolectron is entitled to increase the agreed prices accordingly and the Buyer is obliged to pay . Thus increased price For all other price increases are possible buyer the option to terminate the agreement. Within 7 days
Article 4. Payment and security
Payment must be made within the period specified on the invoice in the desired manner by protolectron . If no period is specified on the invoice must be made upon delivery. Payment in cash protolectron is at all times entitled to payment of the delivered goods and / or security for the payment request , even after conclusion of the agreement. in a form approved by protolectron If Buyer any payment or fails to make timely , or any other obligation under this or conditions or the arrival not (timely ) comply , he shall be deemed immediately by law to be without any approaching of default being required in default. In this case, all claims protolectron immediately due and protolectron claim reimbursement of interest on the amount of those claims which interest at the statutory rate plus 2% . This interest obligation also extends over all matured interest insofar as they are due for at least one year . Containing all judicial and extrajudicial costs associated with the collection of any claim will be borne by the Buyer Buyer. The extrajudicial costs are assumed to be . Least 15% of the amount to be recovered Each payment shall be considered in the first place to be payment of any interest and / or costs , and after full payment thereof , the payment shall be deemed to be payment of the oldest outstanding invoice , regardless of whether the payment , whether or not expressly otherwise is indicated. The Buyer is not permitted to deduct some or undisputed debt protolectron to Buyer. Sole blame protolectron
Article 5. Delivery
Agreed with protolectron delivery times are indicative and not a deadline but unless otherwise agreed within 30 days . Seller will inform buyer if timely delivery is not feasible with the ability to dissolve or custom delivery . Amounts already paid will be refunded within 14 days to buyer. Delivery within the Netherlands , unless otherwise stated, free home. protolectron is entitled in parts to come by it. performance(s) due Delay in delivery for any reason whatsoever, other than to intent or deliberate recklessness of protolectron due , gives Buyer will not be entitled to compensation for direct or indirect damages , or failure to perform or suspend any obligations of the Buyer under the Agreement .
Article 6. Decrease
If the Buyer not take the goods within the expressly stated in the contract term shall be deemed by operation of law , without any notice of default being required in default. protolectron then has the right to free choice ; Whether the decrease in time still matters to transport or do transport to Buyer or to save it. Storage at the expense and risk of the Buyer. protolectron reserves the right to payment of the agreed purchase price ; Whether to sell the business to a third party and deliver . protolectron reserves the right to recover any negative price difference . on Copper
Article 7. Transfer of ownership
The ownership of the goods rests with protolectron and shall be transferred as consideration of delivered to the Buyer after full payment by Purchaser of all that protolectron by protolectron to Buyer pursuant to an agreement or have to claim to be delivered by Purchaser , damages and interest included , as well as for failure to comply with such agreements. Buyer is not entitled to the goods subject to retention of title to sell and / or deliver to third parties or to entrust a limited right , other than in the ordinary course of its business . For the purpose of protolectron is a priori a possessory pledge on all goods delivered by protolectron whose ownership has passed to Buyer , as security for the performance by the Purchaser of all that and protolectron of this at the time of establishment of the possessory pledge yet claim is without prejudice to the right of the Purchaser to sell these things through and deliver to its customers in the normal course of its business . Buyer is required to establish the possessory pledge and grant record keeping his cooperation and thereto is deemed to have granted his approval. If and when the Purchaser of these terms has pledged goods sold and delivered in the ordinary course of his business , is the possessory pledge on behalf of protolectron that business fell. Buyer is required to keep the goods under retention of title and / or a possessory pledge for peace protolectron identifiable and / or to create and isolate . Between them and of other matters contained in Copper off
Article 8a. warranty
Unless otherwise agreed in writing protolectron guarantees the soundness of the business from packing slip date , it has delivered during the period of one year , after which time any liability for damages resulting from defects in the delivered goods is excluded, unless these defects by protolectron caused with intent or recklessness. Warranty: 1 year, unless explicitly stated otherwise indicated. The warranty does not apply to defects of the goods by normal wear, own repairs, own modifications, single components or to defects resulting from poor treatment, or failure to follow verbal or written instructions as protolectron. With regard to (components of) things that are produced by another company rests on protolectron no obligation or liability under warranty if this other company not automatically and on demand to its warranty obligations in respect of the said(e) case (component) to protolectron meets. Whether that is is (exclusively) to assess protolectron.
Article 8b. Guarantee (LED) light sources
Protolectron offers 6 months warranty on the delivered (LED) light sources. If problems wholly or partially resulting from incorrect, careless use and/or installation or if the problem is caused by external causes, the warranty no longer applies. Failure to follow verbal or written instructions from protolectron may void the warranty.
Protolectron reserves the right to end the warranty on (LED) light sources in the following cases:
- Installation carried out by a third party or a not by protolectron authorized person or organization
- Incorrect installation
- Improper use be it erroneous load
- External influences; transport damage, damage due to bumping and/or strike, damage by weather or other natural phenomena
- Repairs and modifications carried out by a third party or a not by protolectron authorized person or organization
Article 9. Complaints
Buyer must complain within 7 days after delivery , failing which any claim by Buyer against protolectron relevant expires . Written in respect of externally visible defects of the goods Complaints regarding other defects must be made within 4 weeks after they are detected or after it could have been . Reasonably discovered in writing After the expiry of that period the buyer is deemed to have approved the delivery or the invoice. Complaints will not be considered. Advertising gives Buyer will not be entitled to suspend any payment to claim the compensation agreement (have ) terminate or to object. Regarding any claim or compensation Protolectron If for any reason, in accordance with the provisions liable for defects of the goods will protolectron , all this at its discretion , the business site or elsewhere ( do) recover , provided Buyer gives her so full cooperation or cases replaced by things without such defects , provided that the defective items are returned or terminate the contract and refund the purchase price paid , provided that the Purchaser delivered returns to protolectron . protolectron to Things that are not at the request of protolectron , insufficiently stamped and returned without her consent will not be replaced or repaired and will be at the expense of the Buyer again returned to him .
Article 10. Right of withdrawal
buyer has the right to send citing customer and order a received product within 15 days of receipt , without giving reasons , back and terminate the agreement. The product must be returned unopened and sealed packaging must not be damaged or broken . The amount paid by the Buyer will be fully refunded within 60 days.
Products that have a limited shelf life after opening (e.g. active filters, battery cells, etc.), which have been produced on special request (specials / custom work / 3D printing jobs), and sealed lighting can never be returned.
Article 11. liability
protolectron is only liable for defects if the defects are caused by goods supplied material and / or workmanship and / or error caused by willful misconduct or gross negligence of protolectron and / or its employees , without prejudice to the limitations which are included elsewhere in these conditions. Any other liability , including for damage caused by late or defective delivery is excluded. protolectron is not liable for damages that may occur to any property which he performs or will perform , whether that damage is caused by persons who are employed by protolectron or by persons protolectron makes use otherwise . The matter is regardless of whether the goods are under protolectron situated, or elsewhere . Any liability for company - consequential and / or indirect damage is always excluded even during the warranty period. protolectron is not liable for deviations from illustrations , price lists , calculations , photocopying , descriptions , models, samples and any documents and appendices on which the goods have been made ??. Liability limiting exclusive - or determining conditions which can be relied on as against third parties protolectron can also be invoked . Protolectron by the Buyer Protolectron If for any reason whatsoever liable to compensate any damage compensation will never exceed the invoice value of the goods delivered . Any claim against protolectron extinguished by the mere lapse of one year after the claim arises . Any defenses protolectron can derive from the agreement to avert protolectron concluded with Buyer 's liability , employees can be invoked as if the staff protolectron itself by protolectron towards buyer party to the agreement . Buyer shall indemnify protolectron claims of third parties , in respect of damage caused by protolectron delivered , unless caused by intent or deliberate recklessness of protolectron .
Article 12. Termination and force majeure
Force majeure if the performance of the contract in whole or in part , whether or not temporarily prevented by circumstances beyond the control of the parties , including in this case include war , riots, fires and other disasters , lack of raw and auxiliary fuels , business failure , strikes, lockouts, governmental action, movement disorders and / or conditions on the side of protolectron such as strikes and lockouts , lack of delayed deliveries by suppliers , transport failure , accidents , breakdowns and machine faults . In case of force majeure, both parties are entitled to terminate or suspend without . Liable for any damages the performance of the contract the contract for the part not executed unilaterally If and when buyer does not properly fulfill , not timely or in a state of bankruptcy , one or more of its obligations moratorium , goes into liquidation of its business , its business otherwise comes to a halt , take up part of its assets is placed , offers a settlement or otherwise demonstrates to be insolvent and in the event of such changes and / or conditions that fulfillment of protolectron 's obligations under the agreement and / or these conditions so difficult for protolectron is that such is the can not reasonably be required of protolectron protolectron is entitled to terminate the agreement without judicial intervention and expenses , damages and interest resulting from the event which gave rise to the termination claim. The possibility of termination of the contract pursuant to Articles 6 , 265 ff Civil Code is excluded .
Article 13. Intellectual and industrial property
All designs, price lists , descriptions or other , either by a quotation , either separately set by protolectron to the Purchaser documents that could be subject of any intellectual or industrial property , or liable to be made on a line as well as the intellectual and industrial property rights relating thereto remain protolectron 's property and belong exclusively to protolectron , and must be returned . protolectron to first request The same applies to prototypes , samples and models that are not billed not paid by him to Purchaser. The Buyer is not permitted the documents , prototypes , samples and models and designs , price lists , and descriptions else use agreed , or provide it to third parties either in whole or in part to reproduce .
Article 14. Disputes and applicable law
All relations between protolectron and Buyer is governed by Dutch law , except Article 247 paragraph 2 of Book 6 of the Civil Code . The applicability of the Convention of the United Nations Convention on the International Sale of Goods is expressly excluded. If and insofar as conversion on the grounds of reasonableness and fairness or unfairness to any provision of these terms and conditions no appeal can be made , then that provision in terms of content and effect as similar as possible significance , so that this appeal may be done .
Article 15. Location and change policy
1. Applicable is the last (registered) version or the version valid at the time of the conclusion
of the legal relationship with the User.
2. The Dutch text of these general conditions is decisive for the interpretation.